TRIBUNE P.MEMMIUS ALBUCIUS EDICT (n 58-14) ON A APPEAL FOR PROVOCATIO AND ON THE CONVENING OF THE COMITIA TRIBUTA POPULI

I, Publius Minius Albucius, Tribunes of the Plebs, by the authority 
vested in us by the Constitution and the laws of Nova Roma,

In view of the Constitution of Nova Roma, specially its articles II. 
B. 5 and IV.A.7.d, specially d2 and d3 on one hand, III.C and IV.A.5 
on another ;

In view of Lex Didia Gemina de potestate tribuniciana issued on 15th 
November 2756 a.u.c., specially its article III ;

In view of the message 32322 issued in Nova Roma main list on Jan. 
12 th, 2758 a.u.c. 10:57 p.m. by Tribune Domitius Constantinus 
Fuscus on  Saturninus' resignation withdrawal and his position in 
the Tribunate  ;

Considering the  appeal to the tribunes to call the Comitia Populi 
Tributa  made by Tiberius Galerius Paulinus on June 16th 2758 
a.u.c. (joined below) ;

Considering the reminder sent by Hon. Galerius to the Tribunes of 
the Plebs on July 13th ;

Considering the absence of answer, collective or individual, made on 
July 20th by the Tribunes ;

Considering that Hon. Galerius, like every citizen has the right to 
obtain an answer, whatever it is, to his request, specially to a 
demand founded on the application of a constitutional right ;

Considering that Galerius's appeal thus refers to the  right of 
provocatio i.e. the right to appeal a decision of a magistrate that 
has a direct negative impact upon that citizen  ;

Considering that Hon. Galerius   believe(s) that (his) right to 
stand as a candidate for office was denied (him)  and other 
plebeians when (the Tribunes) declared that there was not a vacancy 
in the Tribuneship  and that he thus  (..) ask that you, the 
Tribunes, convene the Comitia Populi Tributa so it can hear my 
appeal of your decision  ;

Considering that, even if Hon. Galerius does not explicitly mention 
the message 32322 issued in Nova Roma main list on Jan. 12 th, 2758 
a.u.c., the contested tribunician act is necessarily this one, no 
other official message having been issued on the subject by the 
Tribunate ;

Considering that the Constitution of Nova Roma guarantees, in its 
article II. B. 5,  the right of provocatio ; to appeal a decision 
of a magistrate that has a direct negative impact upon that citizen 
to the comitia populi tributa  ; 

Considering that this article is reinforced by the article III of 
Lex Didia Gemina de potestate tribuniciana, which stated that in 
spite of the affirmation of the tribunician  summa coercendi 
potestas (..), the right of provocatio will be respected as Article 
II.B.5 of the constitution states. 

Considering that, contrary to the laws or practices of ancient Rome, 
neither the Constitution nor the laws of Nova Roma define precisely 
the contents of this right and how it may be exercised ;

Considering that the article II. B. 5 of the Constitution of Nova 
Roma and the article III of Lex Didia Gemina de potestate 
tribuniciana are the sole legal norm that must be taken into account 
to ground a decision on the application of the right of provocatio 
(jus provocationis) ;

Considering that this article II. B. 5 does not limit, as the 
ancient practice did, the jus provocationis to criminal affairs, or 
to acts taken by consuls using their imperium ;

Considering that this article II. B. 5 does not prevent a 
tribunician act, as the ancient practice did, to be contested by jus 
provocationis ; that, furthermore, the article III of Lex Didia 
Gemina, specially its paragraph B on sacrosanctity power (potestas 
sacrosancta) does not prevent the application of the right of 
provocatio ;

Considering that the sole magistrates who may, according the 
Constitution of Nova Roma, convene the comitia populi tributa, are 
the consuls, the praetors and the tribunes of the plebs ;

Considering that the fact that the magisterial decision contested by 
Hon. Galerius is a tribunician act does not prevent him using his 
right of provocatio either through the consuls, or the praetors or 
the tribunes ;

Considering that the fact that the decision contested had been taken 
by a majority of the tribunate is here irrelevant ;

Considering that Hon. Galerius was the sole citizen of Nova Roma to 
express his will, on Jan. 12th, 2758 auc, 4 :29 am, to be candidate 
to the office that he believed at this time as vacant ; that this 
will has also been expressed before the tribunician statement on the 
same day, at 10:57 p.m. ; that, thus, Hon. Galerius is the sole 
citizen concerned by this tribunician statement ;

Considering that the fact of knowing whether the tribunician 
decision reported by the message ML 32322 has had a  direct 
negative impact  is outside the field of competencies of the 
tribunes, as 
it would be for any magistrate asked for the application of jus 
provocationis ; that such magistrate has thus a bound competency, 
and is not allowed to make such an examination ;

Considering thus that the comitia populi tributa are the sole 
constitutional power authorized to state on an provocatio ; that 
this is the only interpretation which guarantees to every citizen of 
Nova Roma the respect of his rights granted by the Constitution of 
Nova Roma and gives to this text its full effect ;

Considering that the fact that the current Salicia and Fabia laws do 
not organise precisely the examination of a provocatio may not 
obstruct the full application of a constitutional right ;

Edicts :

Article 1

The  appeal to the tribunes to call the Comitia Populi Tributa  
made by Tiberius Galerius Paulinus on June 16th 2758 a.u.c. and 
contesting the tribunician decision that  declared that there was 
not a vacancy in the Tribuneship  is received ;

Article 2 

The comitia tributa populi are convened in August 2005 (Sextilis 
2758 a.u.c.), on a schedule that a next edict will determine.

Article 3

The appropriate magistrates of Nova Roma and their offices are 
responsible, as far as each one is concerned by the present edict, 
and in due consideration of the constitution, for executing it. This 
edict will be published in the Tabularium of Nova Roma.

Issued in Cadomago, Gallia,  this twenty first day (21st) of July, 
2005 C.E. (a.d. XII Kal. Sextiles 2758 a.u.c.), during the consulate 
of Fr. Apulus Caesar and Ga. Popillius Laenas 

attached below-------------------------------------------------------

Text of the appeal by Ti. Galerius Paulinus June 16th 2758 a.u.c.  :

Salve Tribunes 

According to the Constitution of Nova Roma a citizen has a right of 
provocatio ie the right to appeal a decision of a magistrate that 
has a direct negative impact upon that citizen. As I stated earlier 
this year I believe that my right to stand as a candidate for office 
was denied me ( and other plebeians ) when you declared that there 
was not a vacancy in the Tribuneship. 

I respectfully disagreed with you then and still do. 

Now that some time has passed and the immediate passions have cooled 
I respectful ask that you, the Tribunes, convene the Comitia Populi 
Tributa so it can hear my appeal of your decision. 

If you are disinclined to grant my request I would very much like 
you to tell me how a citizen of Nova Roma can exercise their 
constitutional right of provocatio if the magistrates charged with 
conniving the Comitia Populi Tributa refuse to do so? 
As a courtesy I have CC this to Caius Curius Saturninus as well.

Vale 

Tiberius Galerius Paulinus

Text of the reminder by Ti. Galerius Paulinus July 13th 2758 
a.u.c.  :

From: Timothy P. Gallagher 
To: Domitius Constantinus Fuscus ; Maior ; Publius Minius Albucius ; 
Marcus Bianchius Antonius 
Cc: Caius Curius Saturninus 
Sent: Wednesday, July 13, 2005 4:36 PM 

Salve Tribunes on June 16 I sent the following e-mail. 

Can you please tell be the status of my request ? 

Vale 

Tiberius Galerius Paulinus 
Citizen

21 July MMDCCLVIII

TABVLARIVM

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